Probably not attempted murder, but conspiracy to commit murder, though even that would be a stretch. I'm not sure what charges there might be one step down from

Probably not attempted murder, but conspiracy to commit murder, though even that would be a stretch. I'm not sure what charges there might be one step down from that - "conspiracy to engineer a situation where a death is possible?" Though I still think proven prosecutorial misconduct in capital cases should be charged as conspiracy to commit murder (since I'm pretty sure that all states actually classify executions as homicides for cause of death).